Parshat Emor
Question
!A Gutten Erev Shabbos.
In this week’s parashah, it is written:
“They shall not make a bald spot on their heads, they shall not shave the corners of their beard, and they shall not make cuts in their flesh.”
Rashi explains that this prohibition is addressed to all of Klal Yisrael, not only to the Kohanim.
The Gemara in Sanhedrin (68a) relates that when Rabbi Eliezer passed away, Rabbi Akiva mourned the loss of his Rebbe so intensely that he struck his own flesh until his blood flowed.
This is a quote from the Gemara :
“After Shabbos, he met Rabbi Akiva when coming from Caesarea to Lod. He was striking his flesh until his blood flowed to the ground, and said: ‘My father, my father, the chariot of Israel and its horsemen! I have a lot of money, but I don’t have a money changer with whom to exchange it.’”
How was Rabbi Akiva permitted to act in this manner? We just learnt that the Torah explicitly forbids making cuts in one’s flesh?
Answer
The Approach of Tosafos
Tosafos (ibid.) addresses this question and explains that Rabbi Akiva’s actions were not merely an expression of mourning for the deceased, but rather a result of his profound anguish over the loss of Torah, and was therefore permitted for Rabbi Akiva to do so, as he said: “I have a lot of money, but I son’t have a money changer with whom to exchange it.” (We will soon bring the source for this chiddush.)
However, Tosafos in Yevamos brings another explanation, and is also cited by the Ramban:
The Torah prohibits only scratching oneself, whereas striking oneself is not included in this prohibition.
The Rosh (Moed Katan, perek 3, siman 63) disagrees with this and writes that there is no distinction between scratching one’s body and striking it and that any act performed upon one’s body in this manner is forbidden.
(The Tur (Yoreh Deah 180) and the Shulchan Aruch (ibid., se’if 7) bring both opinions.)
The Source for the Chiddush in Tosafos
The Sefer HaChinuch (mitzvah 467) explains that the chiddush of Tosafos is based on the Gemara in Makkos (20a), which teaches that the Torah prohibited such acts only in the context of mourning for the dead. However, in cases where it is because of a loss of money or the destruction of one's home, it would be permitted. Accordingly, mourning the loss of Torah would also be included among these types of cases that are permitted.
This is brought le’halacha by the Rema (ibid., se’if 6): “For other forms of distress, it is permitted.”
However, we find that the Shach argues with the Rema and cites the opinion of the Bach, who writes that while one may not be liable for makkos (lashes), it nevertheless remains a biblical prohibition, even in cases such as financial loss.
If so, according to the Shach and the Bach, how could Rabbi Akiva have wounded himself over the loss of Torah, since it would still be a biblical prohibition?
Be’ezrat Hashem, I found that the Minchas Chinuch raises this question and answers that the prohibition applies only when one’s distress is due to worldly matters, such as losing money. However, if it is due to a spiritual loss, such as the loss of Torah, then there is no prohibition at all, according to all opinions.
Maybe we can bring proof to this idea of the Minchas Chinuch from the mourning observed during the days of Sefiras HaOmer. We mourn the passing of Rabbi Akiva’s 24,000 Talmidim. Yet, in halacha, mourning for an individual lasts for twelve months, and one may not continue mourning beyond that. So why do we still mourn the loss of the talmidei Rabbi Akiva so many years later?
Based on the Minchas Chinuch, we can answer that it is only forbidden to continue mourning when one is mourning the death of an individual. However, during Sefiras HaOmer we mourn the immense loss of Torah, since had the 24,000 holy Tannaim lived, they would have taught and spread so much Torah that the level of Torah study today would have been on a much higher level.
On behalf of the entire Sheilot staff, we wish you a Shabbos Shulem umevorach
